KIRAN KHANDELWAL Vs. ASHOK NISHAD

JUDGEMENT

(1.) Appeal is at the instance of the Claimants for enhancement of the compensation.

(2.) The claim relates to the death of a person aged about 21 years who met with an accident on 12.02.2011. The deceased by name Bhawesh Khandelwal was travelling as a passenger in a Mini-bus bearing registration No. CG-04-E-1261, owned by the 2nd Respondent and insured by the 3rd Respondent. The vehicle was being driven by the 1st Respondent in the proceedings before the Tribunal (who, during pendency of the appeal took his last breath; pursuant to which the name came to be deleted from the party array as per order dated 07.10.2015 in IA No. 2). While so, because of the negligence on the part of the Driver of the Mini-bus, the deceased fell down from the door of the vehicle and sustained fatal injuries leading to his death. This was sought to be compensated by filing claim petition before the Tribunal by the parents and sister of the deceased. Existence of a valid insurance policy was admitted. Based on the pleadings and evidence brought on record, the Tribunal rendered a finding that the accident was solely because of the negligence on the part of the Driver of the Mini-bus.

(3.) With regard to the payment of compensation, in view of the fact that the income of the deceased was not properly proved, the Tribunal reckoned only Rs. 3,000/- as the notional monthly income. Deducting 50% towards the personal expenses, the deceased being a bachelor, and adopting a multiplier of '17', the loss of dependency was worked as Rs. 3,06,000/-. A further sum of Rs. 2,500/- each was awarded under the heads 'funeral expenses' and 'loss of estate' and a sum of Rs. 2,000/- towards 'loss of love and affection', thus granting a total compensation of Rs. 3,13,000/- which was directed to be satisfied with interest at the rate of 6% per annum from the date of the claim petition till satisfaction. In view of the existence of valid insurance policy, the amount due was directed to be satisfied by the 3rd Respondent-Insurance Company. As mentioned already, inadequacy of the compensation made the Claimants to approach this Court by filing the appeal.